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Main Forums => Custody Issues => Topic started by: zikzak on Nov 02, 2009, 12:05:03 AM

Title: how to get court to appoint a child custody evaluator?
Post by: zikzak on Nov 02, 2009, 12:05:03 AM
The mother of my 6 year old child recently ask for sole custody in New Mexico

I'm an unwed father.

I believe is not the best for the mother to have sole custody and i want joint legal custody, as my child lived with the mother for the past 4 years, i want to be able to have a say in my child development.


i want to know how can i get the court to appoint a child custody evaluator at the moment i can't afford to pay for one, i think it would help to have a professional to evaluate the mother as i know there is PAS and could help me to prove to the judge that the mother had been interfering with the relationship i have with my daughter and a evaluator could help my case to gain joint legal custody.


thanx
Title: Re: how to get court to appoint a child custody evaluator?
Post by: MixedBag on Nov 02, 2009, 01:03:12 PM
if the mom has court proceeding going on and is asking for sole custody, file a motion with the court and ask that they order a custody evaluation.

And yep, you're gonna have to be ready for the second part which is to pay for at least part of it.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: asof2005 on Nov 02, 2009, 01:08:01 PM
where we are we can file for the fee for the motions to be waived.  for example, we were going to file for a change in visitation and it was $100.  We had a paper to fill out and the judge looks it over and can waive the fee, which he did in our case.  We also have a legal aid place in the court house, cant do much but can point you in the right direction.  Ask if there are any fees waived due to financial hardship or something like that.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: MixedBag on Nov 03, 2009, 05:14:57 AM
where court for me is, once there is a motion that opens things up again, you don't have to pay for subsequent motions.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: zikzak on Nov 03, 2009, 11:59:19 AM
thanx a lot for your answers.


they told me already there is no fee for filing a motion in my case in New Mexico.

i wonder if it's possible to wave the payment of the evaluation?, as I'm in a very critical economic situation.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: zikzak on Nov 03, 2009, 01:13:01 PM
im sorry to post this later.

they told me i should write myself a motion to order custody evaluation, but english is not my native langauage and i can't find examples on how to do it.

does anyone knows how does this letters have to be written or perhaps an example so i can write my own.


thanx a lot.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: MrCustodyCoach on Nov 04, 2009, 03:21:26 PM
Given the circumstances you're in and the distance between you, you must realize that you're going to have to climb an Everest-like mountain to accomplish this.

Custody evaluations are rife with pitfalls that are very difficult to get out from under.  Don't think for one second that a CE is going to spend enough time with your ex-partner and child to uncover systematic alienation to support your fears.
Title: Re: how to get court to appoint a child custody evaluator?
Post by: zikzak on Nov 05, 2009, 05:13:47 PM
thanx for your comment.

i see, seems that will be a loooooooooong night trying to get CE work for me.


the mother took me to court asking for sole custody and i dont have a lawyer to represent my case in court.


i want joint legal custody and parenting plan based on parallel parenting system.


hope things work out for me.